Texas 2017 - 85th Regular

Texas House Bill HB1557 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4697 TJB-F
2	2	By: Parker H.B. No. 1557
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for new or increased municipal fees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 102, Local Government Code, is amended
10	10	by adding Section 102.0001 to read as follows:
11	11	Sec. 102.0001. DEFINITION. In this chapter, "fee" has the
12	12	meaning assigned by Section 109.001.
13	13	SECTION 2. Section 102.005, Local Government Code, is
14	14	amended by adding Subsection (b-1) to read as follows:
15	15	(b-1) A proposed budget that includes estimated revenue
16	16	from a new fee or the increase of an existing fee must contain a
17	17	cover page with the following statement in 18-point or larger type:
18	18	"This budget includes estimated revenue from the following new or
19	19	increased fees: (include a description of each new or increased
20	20	fee, the dollar amount of each new fee, and the dollar amount of and
21	21	percentage of increase of each increased fee)."
22	22	SECTION 3. Section 102.006(c), Local Government Code, is
23	23	amended to read as follows:
24	24	(c) The governing body shall provide for public notice of
25	25	the date, time, and location of the hearing. The notice must
26	26	include, in type of a size at least equal to the type used for other
27	27	items in the notice, any statement required to be included in the
28	28	proposed budget under Section 102.005(b) or (b-1).
29	29	SECTION 4. Section 102.0065(d), Local Government Code, is
30	30	amended to read as follows:
31	31	(d) Notice under this section must include, in type of a
32	32	size at least equal to the type used for other items in the notice,
33	33	any statement required to be included in the proposed budget under
34	34	Section 102.005(b) or (b-1).
35	35	SECTION 5. Section 102.007, Local Government Code, is
36	36	amended by adding Subsection (c-1) and amending Subsection (d) to
37	37	read as follows:
38	38	(c-1) Adoption of a budget that includes estimated revenue
39	39	from a new fee or the increase of an existing fee requires a
40	40	separate vote of the governing body to ratify the use of that
41	41	revenue. A vote under this subsection is in addition to and
42	42	separate from the vote to adopt the budget or a vote to adopt or
43	43	increase the fee.
44	44	(d) An adopted budget must contain a cover page that
45	45	includes:
46	46	(1) one of the following statements in 18-point or
47	47	larger type that accurately describes the adopted budget:
48	48	(A) "This budget will raise more revenue from
49	49	property taxes than last year's budget by an amount of (insert total
50	50	dollar amount of increase), which is a (insert percentage increase)
51	51	percent increase from last year's budget. The property tax revenue
52	52	to be raised from new property added to the tax roll this year is
53	53	(insert amount computed by multiplying the proposed tax rate by the
54	54	value of new property added to the roll).";
55	55	(B) "This budget will raise less revenue from
56	56	property taxes than last year's budget by an amount of (insert total
57	57	dollar amount of decrease), which is a (insert percentage decrease)
58	58	percent decrease from last year's budget. The property tax revenue
59	59	to be raised from new property added to the tax roll this year is
60	60	(insert amount computed by multiplying the proposed tax rate by the
61	61	value of new property added to the roll)."; or
62	62	(C) "This budget will raise the same amount of
63	63	revenue from property taxes as last year's budget. The property
64	64	tax revenue to be raised from new property added to the tax roll
65	65	this year is (insert amount computed by multiplying the proposed
66	66	tax rate by the value of new property added to the roll).";
67	67	(2) if applicable, the following statement in 18-point
68	68	or larger type: "This budget includes estimated revenue from the
69	69	following new or increased fees: (include a description of each new
70	70	or increased fee, the dollar amount of each new fee, and the dollar
71	71	amount of and percentage of increase of each increased fee).";
72	72	(3) the record vote of each member of the governing
73	73	body by name voting on the adoption of the budget;
74	74	(4) [(3)] the municipal property tax rates for the
75	75	preceding fiscal year, and each municipal property tax rate that
76	76	has been adopted or calculated for the current fiscal year,
77	77	including:
78	78	(A) the property tax rate;
79	79	(B) the effective tax rate;
80	80	(C) the effective maintenance and operations tax
81	81	rate;
82	82	(D) the rollback tax rate; and
83	83	(E) the debt rate; and
84	84	(5) [(4)] the total amount of municipal debt
85	85	obligations.
86	86	SECTION 6. Section 102.008, Local Government Code, is
87	87	amended to read as follows:
88	88	Sec. 102.008. APPROVED BUDGET FILED WITH MUNICIPAL
89	89	CLERK: POSTING ON INTERNET. (a) On final approval of the budget
90	90	by the governing body of the municipality, the governing body
91	91	shall:
92	92	(1) file the budget with the municipal clerk; and
93	93	(2) if the municipality maintains an Internet website,
94	94	take action to ensure that:
95	95	(A) a copy of the budget, including the cover
96	96	page, is posted on the website; and
97	97	(B) the record vote described by Section
98	98	102.007(d)(3) [102.007(d)(2)] is posted on the website at least
99	99	until the first anniversary of the date the budget is adopted.
100	100	(b) The governing body shall take action to ensure that the
101	101	cover page of the budget is amended to include the property tax
102	102	rates required by Section 102.007(d)(4) [102.007(d)(3)] for the
103	103	current fiscal year if the rates are not included on the cover page
104	104	when the budget is filed with the municipal clerk. The governing
105	105	body shall file an amended cover page with the municipal clerk and
106	106	take action to ensure that the amended cover page is posted on the
107	107	municipality's website.
108	108	SECTION 7. Subtitle A, Title 4, Local Government Code, is
109	109	amended by adding Chapter 109 to read as follows:
110	110	CHAPTER 109. NOTIFICATION OF NEW OR INCREASED MUNICIPAL FEES
111	111	Sec. 109.001. DEFINITION. In this chapter, "fee" means any
112	112	fee, charge, assessment, or similar payment required by a
113	113	municipality for a privilege, service, authorization, permit,
114	114	license, registration, certification, filing, or other municipal
115	115	action or approval.
116	116	Sec. 109.002. E-MAIL NOTIFICATION SERVICE. (a) Each
117	117	municipality shall establish and maintain an e-mail notification
118	118	service to which any person may electronically subscribe to receive
119	119	information regarding new or increased municipal fees.
120	120	(b) The e-mail notification service must:
121	121	(1) allow a subscriber to request notification of
122	122	each:
123	123	(A) new fee proposed to be adopted by the
124	124	municipality;
125	125	(B) existing fee proposed to be increased by the
126	126	municipality;
127	127	(C) proposed budget of the municipality that
128	128	includes use of revenue from a fee described by Paragraph (A) or
129	129	(B);
130	130	(D) adopted budget of the municipality that
131	131	includes use of revenue from a fee described by Paragraph (A) or
132	132	(B); or
133	133	(E) public hearing scheduled to be held at which
134	134	a fee or budget described by Paragraphs (A)-(D) is scheduled to be
135	135	discussed;
136	136	(2) include a link in the notification to any web page
137	137	maintained by the municipality on which the fee or budget may be
138	138	viewed; and
139	139	(3) notify the subscriber by e-mail not later than the
140	140	day:
141	141	(A) the municipality provides public notice of a
142	142	public hearing at which a proposed new or increased fee or a
143	143	proposed budget is scheduled to be discussed, for notification of a
144	144	public hearing for a proposed fee or budget;
145	145	(B) the budget officer files a proposed budget
146	146	with the municipal clerk as required by Section 102.005, for
147	147	notification of a proposed budget; or
148	148	(C) the governing body files an adopted budget
149	149	with the municipal clerk as required by Section 102.008, for
150	150	notification of an adopted budget.
151	151	SECTION 8. The changes in law made by Sections 102.005,
152	152	102.006, 102.0065, 102.007, and 102.008, Local Government Code, as
153	153	amended by this Act, apply only to a proposed or adopted budget for
154	154	a fiscal year beginning on or after January 1, 2018.
155	155	SECTION 9. This Act takes effect September 1, 2017.